SUPREME COURT OF INDIA
Sudhansu Jyoti Mukhopadhaya and V. Gopala Gowda, JJ.
Asha & Anr. — Appellants
versus
State of Uttarakhand — Respondent
Criminal Appeal No. 1893 of 2013
(Arising Out of SLP (Crl.) No. 2098 of 2011)
with
Criminal Appeal No. 1894 of 2013
(Arising Out of SLP (Crl.) No. 2924 of 2011)
Decided on : 1-11-2013

IMPORTANT POINT
Demand of dowry on the deceased either before the marriage or soon before the death of the deceased made against the accused persons, should have been proved beyond reasonable doubt.

Headnote:Indian Penal Code, 1860- Section 304B-Demand of dowry to be proved beyond reasonable doubt - To satisfy the ingredients of the provision of Section 304B of the IPC, the death of a woman must be caused due to burns or bodily injuries, and must be within 7 years of her marriage. Further, it must be proved that soon before her death, she was subjected to cruelty or harassment by her husband or her relatives “in connection with the demand for dowry”. (Para 10)

        The courts below have not noticed the important aspect of the case, namely, that the charge of dowry death, that there was demand on the deceased either before the marriage or soon before the death of the deceased made against the accused persons, should have been proved beyond reasonable doubt. (Para 11)

       Facts of the case :

        The deceased died due to burn injuries in her matrimonial house around two years after marriage. The co-accused, the father- in-law of the deceased lodged a report on 18.07.1993 with the patwari stating that his daughter-in-law committed suicide by burning herself at about 10.00 a.m. He alleged in the aforesaid report that the deceased burnt herself to death while he had gone to the market and his wife and their daughters were away in the jungle for cutting grass. On 19.07.1993, the complainant, the brother of the deceased lodged another report to the patwari making allegations against the appellants herein and the mother-in-law of the deceased, upon which FIR was registered against them.

        P.W 3 and P.W 5 are the brothers of the deceased. According to P.W. 3, his brother, the P.W.7 had gone to the matrimonial house of the deceased, when the four accused persons demanded Rs. 30,000/- stating that the deceased had brought less dowry and threatened to send her back to their house if they did not pay the amount demanded. P.W.3 had written a letter (Ex. Ka.3) on 28.6.1993 to his parents informing them about the demand of the in-laws of the deceased for Rs. 30,000/- and that due to this he withdrew Rs. 4,000/- and sent it to his father through a villager to give it to his sister, the deceased herein. He also stated that the deceased had told his wife and his father that she was being harassed at her in-laws house because she had brought less dowry. P.W.4, the mother of the deceased also alleged that the deceased was harassed by the accused persons for bringing less dowry. She deposed that the accused persons gave her less food and did not allow her to wear the clothes which were given to her at the time of the marriage. P.W.5, the brother of the deceased deposed that his sister had told him that her in-laws taunted her about being from a poor family and for having brought less dowry. P.Ws.3, 4 and 5 alleged that the accused burnt the deceased to death.

        The trial court, on appreciation of evidence on record found the appellants guilty of offence under Section 304B of the IPC and they were sentenced to 10 years R.I. The appellants were acquitted for offences under Sections 302 and 306 of the IPC. The High Court has held in its judgment, on the basis of the evidence of the witnesses, that the prosecution case of ill-treatment of the deceased at the hands of the accused was found to be fully established. Therefore, the High Court has upheld the conviction and sentence awarded by the trial court in its judgment and dismissed the appeal of the appellants.

       Findings of the Court :

        The High Court, after careful examination of the letter dated 28.06.1993, Ex.Ka.3, has found that it has been interpolated and that some changes have been made in the letter and some words were added to it. The courts below have erred in law in convicting the appellants herein by erroneously placing reliance upon the above so called letter, wherein certain words were added with a view to make out a fabricated charge against them to secure the conviction of the accused persons. We are of the view that the document Ex.Ka.3 was created for the purpose of falsely implicating the accused to secure their conviction for the charge under Section 304B of the IPC. The courts below have also failed to consider the relevant fact namely, the appellants herein were not in the house at the time of the incident.

       Result : Appeals allowed.